Fundamental and Human Rights

Article 21 of the Constitution protects 'Right to Life and Personal Liberty', interpreted expansively by the Supreme Court. Right to Vote is a constitutional right under Article 326, while Speech (Article 19) and Religion (Article 25-28) are different fundamental rights.

The correct answer is 'privilege'. The sentence contrasts 'universal right' with 'privilege' - something available only to certain groups rather than everyone. Education should be accessible to all (a right), not restricted to a fortunate few (a privilege).

The UN Convention on the Rights of the Child (1989) protects children's rights to survival, development, protection, and participation. It guarantees education (Article 28), adequate standard of living (Article 27), and clean water/health (implied in Article 24). Marriage is NOT a child's right - the Convention actually sets minimum marriage ages to protect children from early marriage.

Customary rights are rights that become established through long-standing customs and traditions rather than formal laws. These rights are recognized by communities because they have been practiced over time and accepted as legitimate practices. The term directly reflects its origin from customs.

In Golak Nath v. State of Punjab (1967), the Supreme Court held that Fundamental Rights enshrined in Part III of the Constitution are unamendable. This ruling was later overturned by the Kesavananda Bharati case (1973), which established that Parliament can amend Fundamental Rights but cannot alter the 'Basic Structure' of the Constitution.

Statement I is incorrect as it is a Fundamental Right under Article 23 of Part III of the Constitution. Statement 2 corresponds to Directive Principles of State Policy under Article 47 under Part V of the Constitution.

The Right to Property was originally a fundamental right under Article 31, but it was removed from the list of fundamental rights by the 44th Constitutional Amendment (1978) and made a legal right under Article 300-A. All other options - Right to Equality, Right to Freedom, and Right against Exploitation - remain fundamental rights.

Under Article 226 of the Constitution, High Courts have broader writ jurisdiction than the Supreme Court. While the Supreme Court (Article 32) can issue writs only for Fundamental Rights violations, High Courts can issue writs for Fundamental Rights as well as for violation of any other legal right, including statutory rights and other legal rights. This makes option D (All of these) correct.

Article 51A(a) of the Indian Constitution explicitly includes the duty to cherish and follow the noble ideals which inspired the national struggle for freedom. Voting is a right, not a fundamental duty. Promoting fraternity is mentioned but in a different clause.

The 44th Constitutional Amendment (1978) removed the Right to Property from Fundamental Rights and made it a legal right under Article 300A. This amendment was passed during the Janata Party government led by Morarji Desai, not during Indira Gandhi's Emergency period.

The 44th Amendment (1978) to the Indian Constitution removed the right to property from the list of Fundamental Rights and reclassified it as a legal right under Article 300-A. This was done to reduce the burden on the state when acquiring property for public purposes and to prevent property-related litigation from blocking development projects.

Article 19 (Right to Freedom) is the only Fundamental Right that can be suspended during a national Emergency under Article 352. Articles 20 (protection in respect of conviction for offenses) and 21 (protection of life and personal liberty) cannot be suspended even during emergency.

Right to form trade unions is not a fundamental right under the Indian Constitution - it is a legal/constitutional right under Article 19(1)(c) but can be restricted. Fundamental Rights include Right to Equality, Freedom, Religion, and Cultural & Educational Rights.